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Why did bishops turn to the papacy for advice in late Antiquity? And what does the reception of these decretals reveal about the legal and religious culture of the mid-thirteenth century? This interpretative volume seeks to explain the first decretal age of late antiquity, placing the increased demand for papal jurisprudence – long before it exerted its influence through religious fear – within its social broad context. D. L. d'Avray then traces the reception of this jurisprudence through to the mid-thirteenth century, and the post-Gratian decretal age. Along the way he explores the role of Charlemagne and 'Pseudo-Isidore', which included many genuine early decretals alongside forged ones. Similarities between the Latin world c. 400 and c. 1200 thus help explain parallels between the two decretal ages. This book also analyses decretals from both ages in chapters on pagan marriages, clerics in minor orders, and episcopal elections. For both ages the relation between canon law and other religious genres is elucidated, demonstrating many fascinating parallels and connections.
The legal underpinnings of the Western church experienced a major transformation during the twelfth and thirteenth centuries. This was a period in which papal legislation found its stride, in the form of conciliar decrees and papal decisions. Canon law collections provide a window into the rediscovery of Justinian's compilations, because they incorporated snippets of Roman law as it became available. Later papal legislation appears in other similar collections, including the Liber sextus of Pope Boniface VIII. Law professors at Bologna and elsewhere lectured on the collections of decretals, producing commentaries and summas. Medieval legal procedure relied heavily on both Roman and canon law. With respect to the laws of the church, the move towards complexity was also a product of the encounter with Justinian's Roman law. The thematic scope of canon law was in the main laid down with the Gratian's Decretum, which took its cue from the wide range of matters that French bishop Ivo treated in the Panormia.
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